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HomeMy WebLinkAbout06-3823 o. Dean F, Piermattei, Esquire Attorney I.D. No. 53847 Cory A. Iannacone, Esquire Attorney J.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-573 I Attorneys for Plaintiff Kirk Naugle KIRK NAUGLE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. I NO. tJG, - :3y2-3 ~ I I I RBS NETWORK, INC. Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3199 A VISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0 cualquier otra rec1amacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Dean F. Piermattei, Esquire Attorney LD. No. 53847 Cory A. Iannacone, Esquire Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 171 08-1146 (717) 233-5731 Attorneys for Plaintiff Kirk Naugle KIRK NAUGLE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA I NO. 0(,- 3 f.)3 ~ '1 L.-v>-- I , I v. RBS NETWORK, INC. Defendant ACTION FOR DECLARATORY JUDGMENT NOW COMES Plaintiff, Kirk Naugle ("Plaintiff' or "Naugle"), by and through its counsel, Rhoads & Sinon LLP, and files the within Action for Declaratory Judgment and in support thereof, avers the following: PARTIES 1. Plaintiff maintains a personal residence of 1100 Remington Drive, Shippensburg, Pennsylvania 17257. 2. Plaintiff created a business under the laws of Pennsylvania and operated said business under the name, Kirk Naugle, LLC ("Naugle, LLC"). 3. On January 15, 2003, Naugle, LLC became an inactive business. Upon becoming an inactive business, Naugle took over all assets and liabilities of Naugle, LLC and became Naugle, LLC's successor in interest. 613580.2 4. Upon information and belief, Defendant RBS Network, Inc. ("Defendant" or "RBS") is a Maryland business with an address of 19829 Executive Park Circle, Germantown, MD 20874. 5. RBS is the registered title owner of a 1988 Great Dane Trailer with a vehicle identification number of IGRDM9628JJ003801 ("Trailer"). (A copy of the Registration Certificate is attached hereto as Exhibit "A".) 6. Upon information and belief, Terri G. Stachura is the resident agent of RBS. Upon further information and belief, Terri G. Stachura maintains a residence of 13607 Winterspoon Lane, Germantown, MD 20874. 7. Upon information and belief, James Stachura ("Stachura") is the husband of Terri G. Stachura. Upon further information and belief, James Stachura is an agent of RBS, and has authority to act on behalf ofRBS. FACTS 8. RBS had engaged in business dealings with Naugle, LLC in the context of the construction of a house, at a time when Naugle, LLC was an active business. 9. Upon ceasing its business with Naugle, LLC, RBS abandoned its Trailer on private property in which Naugle either maintained an ownership interest or a possessory interest (collectively "Naugle's property"). 10. It is believed, and therefore averred, that RBS left its Trailer at Naugle's property with the intent of relinquishing RBS's ownership interest in said trailer in exchange for satisfaction of a debt incurred by RBS in its business dealings with Naugle, LLC. -2- 11. The Trailer remained on Naugle's property for more than twenty-four (24) hours without the consent of Naugle; and in fact, the Trailer has been abandoned for a period of time in excess of three (3) years. 12. Stachura, acting on behalf of RBS, left with Naugle a copy of the Registration Certificate for the Trailer. (See Ex. A.) 13. Naugle has attempted on many occasions to contact RBS and Stachura, both in writing and via telephone, in order to obtain the appropriate title for the Trailer. 14. Neither RBS nor Stachura has responded to Naugle, despite his numerous attempts to make contact. 15. To date, the Trailer still remains in Naugle's possession at his property without a valid title. 16. Naugle is unable to operate the Trailer without a valid title. Naugle has made numerous attempts to obtain a valid title but has had no success. COUNTJ (Declaratory RelieO 17. Paragraphs 1 through 16 are hereby incorporated by reference as though fully set forth herein. 18. Pursuant to the Pennsylvania Motor Vehicle Code, a vehicle is presumed abandoned if it remains on private property without the consent of the owner or person in control of the property for more than 24 hours. 75 Pa. C.S.A. ~ 102 ("Abandoned vehicle" subsection (1 )(iv)). -3- 19. The Trailer remained on Naugle's property for more than 24 hours without the consent of Naugle; and in fact, the Trailer has been abandoned for a period of time in excess of three years. 20. Under the Pennsylvania Motor Vehicle Code, the Trailer IS deemed abandoned. 21. Pursuant to Pennsylvania's Declaratory Judgments Act, "Courts of record within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed." 42 Pa. C.S.A. ~ 7532. 22. The Trailer should be titled in the name, "Kirk Naugle," because Kirk Naugle is the equitable owner of the Trailer, however, he requires a registered title before he is able to use the Trailer. WHEREFORE, Plaintiff Kirk Naugle respectfully requests that this Court enter an order that (1) awards ownership ofthe trailer to Plaintiff and (2) extinguishes the right, title and interest of any other person to said trailer. Respectfully submitted, By: e F. p. rmattei, Esquire Cory A. Iannacone, Esquire One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle -4- EXHIBIT "A" 597441.1 ~ .... :,e",,:v__ """':;';J:t' " 'bY p, >,,' ."4 TAG NUMBER (~~ 6~tt~i /,':lG TlTlENUMBER , ,; t-- j.. 1- NOTE: When vehicle irtt.' 'r:.:A:~e is canceled or terminated, the MVA suspends the regi~, ati"')~ and the plates must be returned immediately. The MVA must receive the plates on or before the insurance ends. Failure to return plates will result in substantial fines and the, withho!ding of future registration privilell8s. t \ f "C ~: " <0 ~ ~ " '.. .... {oJ :.'~;,l'.; <il <0.. fa: ~ 0' j ''''"' ,~" " \ -'\ ,.,-~ r CERTIFICATE OF SERVJCE I hereby certify that on this ~~ day of J () I Y , 2006, a true and correct copy of the foregoing Action for Declaratory Judgment was served by means of United States mail, first class, postage prepaid, upon the following: RBS Network, Inc. 19829 Executive Park Circle Gerrnantown,NUD20874 4~ VERIFICATION Kirk NaUgle, deposes and says, subject to the penalties of 18 Pa. C,S. ~4904 relating to unsworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Action for Declaratory Judgment are true and correct to the best of his knowledge, information and belief. {, - ..2<1- Ob a j}-Il~. Kirk Naugle Date ~~~ ~~cJ C> .:€y ~ . ) L-, 01 c) '::-h :::1 n', I L"j ~ ( ,,) .,:.- :~ l.;", Dean F. Piermattei, Esquire Attorney J.D. No. 53847 Cory A. Iannacone, Esquire Attorney J.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIRK NAUGLE v. NO. 06-3823 RBS NETWORK, INC. Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. 1037(b), kindly enter judgment in favor of the Plaintiff, Kirk Naugle and against Defendant, RBS Network, Inc. declaring that (1) Plaintiff, Kirk Naugle, to be the legal owner of the 1988 Great Dane Trailer, VIN No. IGRDM9628JJ003801; and (2) the right, title and interest of any other person to said trailer to be hereby extinguished. I hereby certify that the Notice of intention to file a praecipe for entry of default judgment was duly served upon CSC Services, the registered agent for Defendant, RBS Network, Inc. in accordance with Pa. R. Civ. P. 237.1. Attached as Exhibit "A" is a copy of Plaintiffs written Notice, which I certify was mailed by certified mail, return receipt requested, to CSC Services, the registered agent for Defendant, RBS Network, Inc., on October 18,2006, which is at least 10 days prior to the filing of this Praecipe. By: ean iermattei, Esquire Cory A. Iannacone, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle 628714.1 ~ ;. \iii ----. . , ,/.! .\~~, RHOADS ~ & SINON LLP Cory A. Iannacone ph (717) 237-6778 Ix (717) 231-6698 ciannacone@rhoads-sinon.com FILENO 9787/02 October 18, 2006 Re: Kirk Nau2:1e v. RBS Network. Inc.. No. 06-3823 CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE'19808 To Whom It May Concern: Enclosed please find a copy of a ten day Notice sent today on behalf of the Plaintiff in the above-captioned matter. Weare forced take this action based on your failure to timely file an Answer. The Plaintiff is anxious to move forward with this litigation. We look forward to your prompt attention to this matter. In the event you fail to respond within ten days we will be forced to file an Entry of Default again you. If there are any questions or comments, please do not hesitate to contact me. Very truly yours, :o:?;ttx~ Cory A. Iannacone Enclosure cc: Dean Piermattei, Esq. Kirk Naugle 626463,1 Rhoads &: Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg, PA 17108-1146 . ph (717) 233-5731 . Ix (717) 232-1459 · www.rhoads-sinon.com 626460.1 .. KIRK. NAUGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06-3823 RBS NETWORK, INC. Defendant TO: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 Date of Notice: October 18, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD THE HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 By: ean . Piermattei, Esquire Cory A. Iannacone, Esquire RHOADS & SINON LLP One South Market Square, 1ih Floor P.O. Box 1146 Harrisburg, PAl 7108-1146 (717) 233-5731 Attorneys for Kirk Naugle . CERTIFICATE OF SERVICE I hereby certify that on this {g.f;!l. day of /Vow tn be v , 2006, a true and correct copy of the foregoing Praecipe for Entry of Default Judgment was served by means of United States mail, first class, postage prepaid, upon the following: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 di~ c ~ ~ ~ 0 r-.:l = 0 -:-0 c.:: C':~ -n ~ ~ Ci'" () I"" X :.? C.~) ~..,., - ""'-:;.. fl1p ~ "'- C> I -0'" ~ -nC; tl ~ -.J --; (~) t ""TJ ;:i~~ -... :.:t: ... ~ 0-' Urn ~ "~I "... -V -'-":--'" ~ C) j:J ~ N -< - ,. Dean F. Piennattei, Esquire Attorney I.D. No. 53847 Cory A. Iannacone, Esquire Attorney LD. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle. KIRK NAUGLE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3823 RBS NETWORK, INe. Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I hereby certify that the Notice and Complaint in the above-captioned matter was served by means of United States Mail, First Class, Certified, Return Receipt Requested and Restricted Delivery, upon the following: CSC Services, (registered agent for Defendant, RBS Network, Inc.), 2711 Centerville Road, Suite 400, Wilmington, DE 19808. A copy of the Return Receipt is attached hereto and made a part hereof. By: ean P rmattei, Esquire Cory A. Iannacone, Esquire One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle 628716. ] ..." .... 1 ComPIIle Items 1, ~, and 3. AIIo complete , Item 4 If ReatrIcted DelIvery Is deeInId. Print ycu I'lII'Il8 and 8ddr8I8 on the I'8YtII'M 80 that _ cen ..un the card to you. Attach this card to the beck.of the maIIpIece, 01' on the front If apece permits. 1. ArtIcle AddnIaecI to: C~ S~rviU4, CJ-111 C,evr!-frvt'lle. Roo..! s~ -40-0 wit m/ {t.9 -fryn ,.t:> ~ I qg-o~ ~ a~~ D. Ie dIIIwry ~ cIIJIINnt fnlm Ilem 1? [J 'Yw \ If YES. ..".,.~ ~I$oooo below: [J No . ~<-\ \ \ ~EP 2 2 20 6 \ 3. ~~forM'""'"d'" [J InI&nd MllIf [J C.O.D. 4. Re8IrIcI.s 0IIMry? (Extra Fee) OIGlnt [J~ C. om. of DelIvery [J'Yw 2. ArtIcle Nurnbtr (11MsIer from ..wee ItIbeI) PS Form 3811 , February 2004 7005 3110 0004 3215 9339 00lT-uc Return Receipt 1025ll5-00-M-1540 : I ~j ... CERTIFICATE OF SERVICE I hereby certify that on this (~+!1 day of Nove mbe. r'" , 2006, a true and correct copy ofthe foregoing Affidavit of Service was served by means of United States mail, first class, postage prepaid, upon the following: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 d1~ .. y-" o c' C. .. ~ -:7' 7::(\ .' \ " '; C' cj,~ ',,::~'l~" 7~ ~~ -.- {-",-,' .' "iJ :.4. ,'.:.....\ ..-' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dean F. Piermattei, Esquire Attorney LD. No. 53847 Cory A. Iannacone, Esquire Attorney LD. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle. KIRK NAUGLE v. NO. 06-3823 RBS NETWORK, INe. Defendant MOTION TO OBTAIN TITLE TO ABANDONED VEHICLE NOW COMES Plaintiff, Kirk Naugle, ("Plaintiff') by and through his counsel, Rhoads & Sinon LLP, and files the within Motion to Obtain Title to Abandoned Vehicle, and in support thereof, avers the following: 1. On or about July 5,2006, Plaintiff filed an Action for Declaratory Judgment ("Declaratory Judgment Action") against Defendant RBS Network, Inc. ("Defendant" or "RBS"). (A copy of Plaintiffs Declaratory Judgment Action is attached hereto as Exhibit "A".) 2. In its Declaratory Judgment Action, Plaintiff alleged that RBS is the registered title owner of a 1988 Great Dane Trailer with a vehicle identification number of IGRDM9628JJ003801 ("Trailer"). (Declaratory Judgment Action at ~5.) 3. Plaintiff also alleged RBS left its Trailer at Plaintiffs property with the intent of relinquishing RBS's ownership interest in said trailer in exchange for satisfaction of a debt 630180.1 -2- incurred by RBS in its business dealings with Naugle, LLC, a business created and previously operated by Plaintiff. (Declaratory Judgment Action ~1O.) 4. In his Declaratory Judgment Action, Plaintiff averred that he has attempted on many occasions to contact RBS and Terri G. Stachura, the resident agent ofRBS, with regard to obtaining title for the Trailer, but never received a response from either. (Declaratory Judgment Action ~~13-l4.) 5. Furthermore, the Declaratory Judgment Action alleged that Plaintiff is unable to operate the Trailer despite it still remaining in Plaintiffs possession at his property without a valid title. (Declaratory Judgment Action ~~l5-16.) 6. Plaintiffs Declaratory Judgment Action sought relief which requested this Court enter an order that (1) awards ownership of the trailer to Plaintiff and (2) extinguishes the right, title and interest of any other person to said trailer. 7. Plaintiff attempted to effectuate service upon RBS at the address listed in the certificate of title of the Trailer; however, such service was returned to sender as undeliverable. (A copy ofthe return of service to RBS is attached hereto as Exhibit "B".) 8. Plaintiff attempted to effectuate service upon the person believed to be RBS's "resident agent," Terri G. Stachura; however, such service was unclaimed. (A copy of the United States Postal Service Track & Confirm is attached hereto as Exhibit "C".) 9. Upon information and belief, CSC Services ("CSC") is the registered agent of RBS. - 3 - 10. On or about September 22, 2006, Plaintiff effectuated service upon CSC. (A copy of the return receipt, signed by Laura Cooper, along with the United States Postal Service Track & Confirm are attached hereto collectively as Exhibit "D".) 11. On or about October 18, 2006, Plaintiff served CSC a Notice of Default, ordering CSC to respond to Plaintiffs Declaratory Judgment Action or have a judgment entered against it. (A copy ofthe Notice of Default is attached hereto as Exhibit "E".) 12. On or about November 7, 2006, having received no response from CSC, Plaintiff filed a Praecipe for Entry of Default Judgment against RBS, which was subsequently entered by the Prothonotary on said date. (A copy of the Praecipe for Entry of Default Judgment is attached hereto as Exhibit "F".) 13. On or about November 14,2006, after entry of default judgment and almost two months after acceptance of service of process, CSC informed Plaintiff that it was returning service of process because "[t]he company against whom service is directed has been revoked in this State [Delaware]." (A copy ofthe November 14,2006 notice is attached hereto as Exhibit "G" . ) 14. Plaintiff has made a good faith effort to locate RBS in order to obtain title to the Trailer. 15. The Trailer is deemed "abandoned" under the Pennsylvania Motor Vehicle Code because it has remained on Plaintiffs property for more than twenty-four (24) hours without the consent of Plaintiff. See 75 Pa. C.S.A. S 102 ("Abandoned vehicle" subsection (l)(iv)). In fact, ea . Pi attei, Esquire Cory A. Iannacone, Esquire One South Market Square P. O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 the Trailer has been abandoned on Plaintiffs property for a period of time in excess of three (3) years without Plaintiffs consent. (Declaratory Judgment Action ~11.) 16. One is able to obtain a certificate of title after default by owner, by obtaining a court order which awards ownership of the vehicle to the person applying for the certificate and extinguishes the right, title and interest of any other person to said vehicle. (A copy of the Pennsylvania Department of Transportation MV - 217, containing the Application for Certificate of Title After Default By Owner along with a sample court order, is attached hereto as Exhibit "H".) WHEREFORE, Plaintiff respectfully requests this Court to enter an Order conforming to the language provided for in the Proposed Court Order attached hereto as Exhibit "I", and awarding ownership of the 1988 Great Dane Trailer, VIN No. IGRDM9628JJ003801, extinguishing the right, title and interest of any other person to said vehicle, and permitting the Pennsylvania Department of Transportation to accept this order as evidence of ownership in lieu of a certificate of title. Respectfully submitted, By: Attorneys for Kirk Naugle - 4- III~O/!b Dat~ I VERIFICATION Cory A. Iannacone, deposes and says, subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, that he makes this verification and that the facts set forth in the Motion to Obtain Title to Abandoned Vehicle are true and correct to the best of his knowledge, information and belief. --------- (:4. &-~\b\+A - C) Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Cory A. Iannacone, Esquire Attorney 1.0. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiff Kirk Naugle KIRK. NAUGLE I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I NO. C(p- 3i23 ~ Plaintiff v. RBS NETWORK, INC. Defendant NOTICE YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3199 r-.......'l .----, (~-~ . t,:.T" c, (:) -n --I f--- -_..~ t"\: ==:: , I Ui _~~J () c .. AVISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted fa1la de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI US TED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VBRIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Cory A. Iannacone, Esquire Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Kirk Naugle KIRK. NAUGLE v. NO. RBS NETWORK, INC. Defendant ACTION FOR DECLARATORY JUDGMENT NOW COMES Plaintiff, Kirk Naugle ("Plaintiff' or "Naugle"), by and through its counsel, Rhoads & Sinon LLP, and files the within Action for Declaratory Judgment and in support thereof, avers the following: PARTIES 1. Plaintiff maintains a personal residence of 1100 Remington Drive, Shippensburg, Pennsylvania 17257. 2. Plaintiff created a business under the laws of Pennsylvania and operated said business under the name, Kirk Naugle, LLC (''Naugle, LLC"). 3. On January 15, 2003, Naugle, LLC became an inactive business. Upon becoming an inactive business, Naugle took over all assets and liabilities of Naugle, LLC and became Naugle, LLC's successor in interest. 613580.2 - 2- 4. Upon information and belief, Defendant RBS Network, Inc. ("Defendant" or "RBS") is a Maryland business with an address of 19829 Executive Park Circle, Germantown, MD 20874. 5. RBS is the registered title owner of a 1988 Great Dane Trailer with a vehicle identification number of IGRDM9628JJ003801 ("Trailer"). (A copy of the Registration Certificate is attached hereto as Exhibit "A".) 6. Upon information and belief, Terri G. Stachura is the resident agent of RBS. Upon further information and belief, Terri G. Stachura maintains a residence of 13607 Winterspoon Lane, Germantown, MD 20874. 7. Upon information and belief, James Stachura ("Stachura") is the husband of Terri G. Stachura. Upon further information and belief, James Stachura is an agent of RBS, and has authority to act on behalf ofRBS. FACTS 8. RBS had engaged in business dealings with Naugle, LLC in the context of the construction of a house, at a time when Naugle, LLC was an active business. 9. Upon ceasing its business with Naugle, LLC, RBS abandoned its Trailer on private property in which Naugle either maintained an ownership interest or a possessory interest (collectively ''Naugle's property"). 10. It is believed, and therefore averred, that RBS left its Trailer at Naugle's property with the intent of relinquishing RBS' s ownership interest in said trailer in exchange for satisfaction of a debt incurred by RBS in its business dealings with Naugle, LLC. - 3 - 11. The Trailer remained on Naugle's property for more than twenty-four (24) hours without the consent of Naugle; and in fact, the Trailer has been abandoned for a period of time in excess of three (3) years. 12. Stachura, acting on behalf of RBS, left with Naugle a copy of the Registration Certificate for the Trailer. (See Ex. A.) 13. Naugle has attempted on many occasions to contact RBS and Stachura, both in writing and via telephone, in order to obtain the appropriate title for the Trailer. 14. Neither RBS nor Stachura has responded to Naugle, despite his numerous attempts to make contact. 15. To date, the Trailer still remains in Naugle's possession at his property without a valid title. 16. Naugle is unable to operate the Trailer without a valid title. Naugle has made numerous attempts to obtain a valid title but has had no success. COUNT I (Declaratory RelieO 17. Paragraphs 1 through 16 are hereby incorporated by reference as though fully set forth herein. 18. Pursuant to the Pennsylvania Motor Vehicle Code, a vehicle is presumed abandoned if it remains on private property without the consent of the owner or person in control of the property for more than 24 hours. 75 Pa. C.S.A. ~ 102 ("Abandoned vehicle" subsection (l)(iv)). Respectfully submitted, 19. The Trailer remained on Naugle's property for more than 24 hours without the consent of Naugle; and in fact, the Trailer has been abandoned for a period of time in excess of three years. 20. Under the Pennsylvania Motor Vehicle Code, the Trailer IS deemed abandoned. 21. Pursuant to Pennsylvania's Declaratory Judgments Act, "Courts of record within their respective jurisdictions. shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed." 42 Pa. C.S.A. ~ 7532. 22. The Trailer should be titled in the name, "Kirk Naugle," because Kirk Naugle is the equitable owner of the Trailer, however, he requires a registered title before he is able to use the Trailer. WHEREFORE. Plaintiff Kirk Naugle respectfully requests that this Court enter an order that (1) awards ownership of the trailer to Plaintiff and (2) extinguishes the right. title and interest of any other person to said trailer. By: e F. P' rmattei, Esquire Cory A. Iannacone, Esquire One South Market Square P. O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 Attorneys for Kirk Naugle -4- EXHIBIT A ~"" .I:,..*"....'!ft/.;. It" ~'l.,:.;ici(....nd MOlO~.'~'. /' A .. 'Y .; Vehl$' Admlnlsfri' ~ . " ", ,i 6601 Rnchie Highwa ~/ :,",,~: I~V_ Adni:;S+~;I~:~,Ma~L ~ l;;j';';f': ',..,,;" , (". ;.,:,Jt " (j ...., .) > )'" " TAG NUMBER .'!~;j:' . \, - :~, "': :h ;, " ,\ 1'J . :-~., . ,. ': . NOTE: When vehicle irit.r::il6e is canceled or terminated, the MV A suspends the regit;atl'~ and the plates 'must be returned immediately. The MVA ",ust receive the plates on or before the insurance ends. Failure to return plates will result in substantial fines and the;withho~ding of future registration privilenes. t" \.: ""\ ~. '''" .... " ~ S- iD 10 Ql !II ..~ ;~!~"~;: :~; '" . ~~ ,/, " ,'" ;it JJ~AfX CERTIFICATE OF SERVICE .~ I hereby certify that on this 6"/ day of J () I Y , 2006, a true and correct copy of the foregoing Action for Declaratory Judgment was served by means of United States mail, first class, postage prepaid, upon the following: RBS Network, Inc. 19829 Executive Park Circle Germantown, MD 20874 & -:l<t-Ob ~ ,(}--,;~. Kirk Naugle . VERIFICATION Kirk NaUgle, deposes and says, subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Action for Declaratory Judgment are true and correct to the best of his knowledge, information and belief. Date - ---------- -- e &~\Io;-\- l> .", ~ ~ ~ ~ . ~ ~ . . . ... <> '"~id" iV16 \%~ !oz.'" ~ ": 'f:r' ~~~ ~~ ~~jji. ~Q ~~ ~s 1il'S ~~ e~ ~t" ~ ~ l"I ~ 'S o ~ ~ ~ i-os- ~91 "; t! - - '" = .~ !o-~ ~ ~ 'J! \1. ;. 'I,'~'t.... ~ f' ~iN~fe-:~;;'~. ,r," t; /. 4~' Ji:t .~';,' . . -ft. "j'; ( ~,.t:;;f;i ':'" ' It! c:s ~." ~ :':,," ~ . ;~,r . .;.V "f~' . -..I o o U" ""' ""' lI'" o o o o uJ .1:= uJ ,J: .1:= U" ..II nJ 0> 4 4 .." .... ... ~ ~ i fI) & !!. -- . . ~--- bA~ bf+ L " USPS <" Track & Confirm Page 1 of 1 ~ I .!i~ I Sigoill Track & Confirm FAQs Track & Confirm Search Results "-~VVVl 6, ~iac-.hu~ Label/Receipt Number: 70053110000432159322 Status: Unclaimed Track & COIlfirm ~ Enter LabeVReceipt Number. Your item was returned to the sender on October 18, 2006 because it was not claimed by the addressee. ( Addifil1ttal1htlalls > ) CR- tI) U$I'$.com Home > ) (.> ) Notificat!On Options Track & Confirm by em ail Get current event information or updates for your item sent to you or others by email. (Be,,) . POSTAL INSPECTORS Preserving the Trust site map contact us government services jobs National & Premier Accounts Copyright @ 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy ~ http://trkcnfrml.smi.usps.comlPTSIntemetWeb/InterLabelInquiry .do 10/18/2006 USPS - Track & Confirm Page I of 1 1Iome I HeiR I Sjgn_Ln Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 70053110000432159322 Detailed Results: · Unclaimed, October 18,2006,8:12 am, GERMANTOWN, MD · Unclaimed, October 14, 2006, 8:22 am, GERMANTOWN, MD · Notice Left, September 23, 2006, 4:59 pm, GERMANTOWN, MD 20874 · Arrival at Unit, September 23, 2006, 7:36 am, GERMANTOWN, MD 20874 Track&Confirm ~ Enter Label/Receipt Number. (fJt!> ) C < BlICk ) ( IIffum . U$I'$.Ct1IID IIome > ) Notification O~()I1S Track & Confirm by email Get current event information or updates for your item sent to you or others byemail. (1k1>) . POSTAL INSPECTORS Preserving the Trust site map contact us government services jobs National & Premier Accounts Copyright@) 1999.2004 USPS. All Rights Reserved. Terms of Use Privacy Policy ~ http://trkcnfrml.smi.usps.comlPTSInternetWeblInterLabeIDetai1.do 10/18/2006 ,. [ 0k\b t+ 1) UNITED STATES POSTAL SERVICE """ Arst-Class Mall . Postage & Fees PaId USPS Permit No. G-10 ess and ZIP+4 iT'! this box · · Sender: Please print YOlJr name, add~ , Cory A Iannacone, Esq. Rhoads & Sinon LLP th Fl S th Market Square, 12 One ou POBox 1146 Harrisburg, PA 17108-1146 . . I :: .,:! i" :..;.il .,..Hl - - : ;'Ii ! '1.,lj'j"'i"j""llii;\l;llilil\;;;llll:lh.... -..-..; -: . L1WlllH!;;; ::1111.... !'"':';"'': ~~ N t\ vj Ie-I (2.BS- / ! SENDER: COMPLETE THIS SECTION CO'~7PLETE THIS SECTION Or; DEl /VERI- · <;amP/eta Items 1, 2, and 3. Also Complete -/tem 4 If Restricted Delivery Is desired. · Print Your name and address on the reverse so that We can retum the card to You. · Attach this card to the back of the mallplece, or on the front If space P8mlits. 1. ArtIcle Addressed to: C~ S~("vf~, ~ 1- i I ee vrf-er vO Ie R () 0-fI s~ "'-10-0 Wi I m,'r1B fM1).p e- I CfF^ogr II A. S/gnafunt _.... OAgem ~ o~ B. ~~ C. DateOfDel!vely o. Is delivery address dirfetent from Item 1? 0 Yes YE Ivery ~__ ONo' If S, enter deI~_, _, address """"W': ~,-' . ""'.... JfH , ~~:) :2 "j T'(i' ......-. '" ..0' (..,~~),J 2. Artlcte Number (Transfer tmm setvfce label) PS Form 3811, February 2004 3. SeIYIce lYPe _' Ilif"" CertItIecI Ma!I _ ,0 -&pre. Mall o Reg/sten:td -"-0 Return Receipt for Melt:handlse o Insured Mail 0 C.O.D. 4. Restricted 0eIIw.y? IFxtra Fee) 0 Yes 7005 3110 0004 3215 ~33~ = --.- '-....,...! '- ,/ t:-X~I hI} f ! {,~ ~ '/{~\\ tit it,~\\\\;, RHOADS ~ & SINON LLP Cory A. Iannacone ph (717) 237-6778 Ix (717) 231-6698 ciannacone@rhoads-sinon.com FILENO: 9787/02 October 18, 2006 Re: Kirk Nauele v. RBS Network. Inc.. No. 06-3823 CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 To Whom It May Concern: Enclosed please find a copy of a ten day Notice sent today on behalf of the Plaintiff in the above-captioned matter. Weare forced take this action based on your failure to timely file an Answer. The Plaintiff is anxious to move forward with this litigation. We look forward to your prompt attention to this matter. In the event you fail to respond within ten days we will be forced to file an Entry of Default again you. If there are any questions or comments, please do not hesitate to contact me. Very truly yours, :~~;2tx~ Cory A. Iannacone Enclosure cc: Dean Piermattei, Esq. Kirk Naugle 626463.1 Rhoads &: Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg, PA 17108-1146 . ph (717) 233-5731 . fx (717) 232-1459 . www.rhoads-sinon.com By: ean . Piermattei, Esquire Cory A. Iannacone, Esquire RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PAl 7108-1146 (717) 233-5731 Attorneys for Kirk Naugle KIRK. NAUGLE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3823 RBS NETWORK, INC. Defendant TO: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 Date of Notice: October 18, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD THE HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 626460.1 E)(~~b,+ F- Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Cory A. Iannacone, Esquire Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle. c) C .c_~"" ;;~ r~:~. ,...." = t:..:.::J C7"\ ;;;r. (:J o 1"1 :::;3 fi'i 11 - '[- nIT; .~!:O ,:~~IE '.::J I I, :--i :5 -<: ---:: Plaintiff IN THE COURT OF COMMON PLEAS ..,," CUMBERLAND COUNTY, PENNSYL V AiftA w :;: -.. ... --.- ;..".._i._ .,........ r --.J KIRK NAUGLE :::p v. NO. 06-3823 a f'..) RBS NETWORK, INC. Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. 1037(b), kindly enter judgment in favor of the Plaintiff, Kirk Naugle and against Defendant, RBS Network, Inc. declaring that (1) Plaintiff, Kirk Naugle, to be the legal owner of the 1988 Great Dane Trailer, VIN No. IGRDM9628JJ003801; and (2) the right, title and interest of any other person to said trailer to be hereby extinguished. I hereby certify that the Notice of intention to file a praecipe for entry of default judgment was duly served upon CSC Services, the registered agent for Defendant, RBS Network, Inc. in accordance with Pa. R. Civ. P. 237.1. Attached as Exhibit "A" is a copy of Plaintiffs written Notice, which I certify was mailed by certified mail, return receipt requested, to CSC Services, the registered agent for Defendant, RBS Network, Inc., on October 18, 2006, which is at least 10 days prior to the filing of this Praecipe. ~ ean iermattei, Esquire Cory A. Iannacone, Esquire One South Market Square P.O. Box 1146 Harrisburg,PJ\ 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle By: 628714.1 E~l:l11l1'{ ^ ~--~/-... !. tUJ ~ '/' ,\.... t!' i '\'\"\~ RHOADS ~ & SINON LLP Cory A. Iannacone ph (7]7) 237-6778 Ix (7] 7) 231-6698 ciannacone@rhoads-sinon.com FILENO: 9787/02 October 18,2006 Re: Kirk Naufde v. RBS Network.. Inc.. No. 06-3823 CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 To Whom It May Concern: Enclosed please find a copy of a ten day Notice sent today on behalf of the Plaintiff in the above-captioned matter. Weare forced take this action based on your failure to timely file an Answer. The Plaintiff is anxious to move forward with this litigation. We look forward to your prompt attention to this matter. In the event you fail to respond within ten days we will be forced to file an Entry of Default again you. If there are any questions or comments, please do not hesitate to contact me. Very truly yours, RHOADS & SINON ~ By-e1'cA ~ Cory A. Iannacone Enclosure cc: Dean Piermattei, Esq. Kirk Naugle 626463.1 Rhoads Est Sinon LLP . Attorneys at Law · Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg, PA 17108-1146 · ph (717) 233-5731 . Ix (717) 232-1459 . www.rhoads-sinon.com By: ean . Piermattei, Esquire Cory A. Iannacone, Esquire RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Kirk Naugle Plaintiff Ii IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I NO. 06-3823 KIRK NAUGLE v. RBS NETWORK, INC. Defendant TO: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 Date of Notice: October 18, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITII THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHlN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD THE HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITII INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 626460. ] ~'~ CERTIFICATE OF SERVICE I hereby certify that on this & fl-- day of Nove m be y , 2006, a true and correct copy of the foregoing Praecipe for Entry of Default Judgment was served by means of United States mail, first class, postage prepaid, upon the following: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 (; 0\)')1.\- & Retu rn of Service of Process ALB Transmittal Number: 4879945 i!:~ CORPORATIOI SERVICE COMPAIY. Return to Sender Information: Cory A Iannacone Rhoads & Sinon LLP 12th Floor One South Market Square Harrisburg, PA 17108-1146 Date: 11/14/2006 Entity: Title of Action: Court: Case Number: RSS Network Inc. Kirk Naugle vs. RSS Network Inc. Cumberland Court of Common Pleas, Pennsylvania 06-3823 Service of Process has been received from you on behalf of one of the defendants named in the above action. The service of process received from you is being returned. We cannot receive this service as registered agent due to the reason(s) listed below. The company against whom service is directed has been revoked in this State. Accordingly, our authority as the registered agent has terminated. Our client records are confidential. We do not release any information on our clients, agent representation or service received. We suggest you contact the Secretary of State, or other appropriate agency, for more information. 2711 Centerville Road Wilmington, DE 19808 (888) 690-2882 I sop@cscinfo.com \-\ f~\~l:Y If MV-217 (03-03) ~ . . I Commonwealth of Pennsylvania '....I. Bureau of Motor Vehides . . P.O. BOX 68672 . HARRISBURG, PA 17106-8672 APPLICATION FOR CERTIFICATE OF TITLE AFTER DEFAULT BY OWNER A FOR DEPARTMENT USE ONLY A NOTE: When default occurs, the following three options are available for obtaining a certificate of title. Form MV-1 must be properly completed and accompany this application in all cases. CHECK APPROPRIATE BLOCK below indicating which option you are proceeding under: o 1. Judgment and execution o 2. Non-judicial sale or repossession and retention (U.C.C.) o 3. Court Order liUe Number Vehicle Identification Number Applicant Name FOLLOW THE INSTRUCTIONS BELOW FOR THE APPROPRIATE BLOCK CHECKED ABOVE AND THE APPLICANT LISTED ON FORM MV-1 MUST SIGN THE APPLICATION BELOW. OPTION 1 - JUDGMENT AND EXECUTION - (NOTE: An individual or business listed as a lienholder on a Pennsylvania Certificate of Title that is not licensed with the Deoartment of Bankin9, must follow this Option). If the vehicle owner has defaulted on a loan from a private individual, then Option 3 may be used for the lienholder to take ownership of the vehicle. (NOTE: A Judgement is used by a private individual that is listed as the lienholder on the Pennsylvania Certificate of litle. This option will allow the individual to be re-paid for the remaining amount of the lien.) The purchaser at the sheriff's or constable's sale may obtain certificate of title upon presentation of all the following items: . Certified copy of the judgment and writ of execution, or the court order of sale. · Bill of sale from the sheriff, constable or other duly authorized executing officer showing the date of sale, name of purchaser, make and VIN of vehicle. . Documentation that any existing lien is satisfied. OPTION 2 - NON-JUDICIAL SALE OR REPOSSESSION & RETENTION (Uniform Commercial Code) Certificate of title will be issued in the name of the purchaser at the sale (who may be the lienholder) upon receipt of the following: · The certificate of title when a lien is recorded on the title OR the original or an acceptable copy of the filed financing statement. . The original or an acceptable copy of the agreement which is the basis of the right to repossess. · The original or an acceptable copy of the notice of intention to sell, mailed to the debtor. ( i) If a public sale, the notice must set forth the time and place of the sale. ( ii) If a private sale, the notice must set forth the time after which the sale is to be made. · Bill of sale showing the date of sale, name of purchaser, make and VIN of vehicle, if the purchaser is not the lienholder. OPTION 3 - COURT ORDER - (NOTE: A sample court order is printed on the back) This option is used by a lienholder, who is not recorded on the Certificate of Title or who is not licensed by the Department of Banking, when the lienholder wishes to obtain ownership of the vehicle. Certificate of title will be issued upon receipt of the following items: · A certified copy of an order of a Court of Common Pleas listing the make and VIN of the vehicle and naming the person to whom the court awarded ownership of the vehicle and proof that notice of the Court of Common Pleas proceeding was given to the prior owner and any other person who had an interest in the vehicle. · If the original certificate of title is available. it must be attached to your application and court order. If the title is not available, documentation must be included explaining why the title is not attached. NOTE: In questionable cases, the Department may require the applicant for certificate of title to execute an indemnification agreement, or other forms as necessary. I/We hereby make application for a certificate of title and certify under penalty of law that I/we have complied with X the appropriate instructions listed on this application and have acted in accordance with the law. Applicant Signature Date , Judge NOTE: THIS IS ONLY A SAMPLE. A certified copy of the original is required under Option 3 on the front of this application. SAMPLE COURT ORDER AND NOW, this day of , 20 . after reasonable notice and an opportunity for hearing having been provided to all interested parties. the Court hereby awards ownership of one [year], [make], [model], b ring vehicle identification number [name of applicant], and the right, title and interest of any other e a Icle is hereby extinguished. The Department of TransportatiS s order as evidence of ownership in lieu of a certificate of title. The Petit' hall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: 11/22/2005 08:33 71 77754220 SHETRON WELDING PAGE 02 VERIFICATION Kirk Naugle, deposes and says. subject to the penalties of 18 Pa. e.s. ~4904 relating to unsw m falsification to authorities, that he makes this verification by its authority and that the facts et forth in the Petition to Obtain Title to Abandoned Vehicle are true and correct to the best 0 his knowledge, information and belief. /1- .2:2.., -O~ ~ 4-f'1~. Kirk Naugle Date b.xhl1 r+ L a u > u 1J! ,Judge KIRK NAUGLE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3823 RBS NETWORK, INC. Defendant ORDER AND NOW, this day of , 2006, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1988 Great Dane Trailer, bearing vehicle identification number 1 GRDM9628JJ003801 to Kirk Naugle, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Department of Transportation may accept this order as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: 630197.] CERTIFICATE OF SERVICE ft) I hereby certify that on this 30 - day of fV() Y( m .btv , 2006, a true and correct copy ofthe foregoing Motion to Obtain Title to Abandoned Vehicle was served by means of United States mail, first class, postage prepaid, upon the following: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 ~.~ Q c ...,..~... <'0... -o~;J r]':~E~ J.-- ',"~ ~.., , "' (~; <- ....,:, c;.~ :;~. ~~ +>. J.:' 'C5 c::1 (;.)--... 7: c-' ...c " "-~ -;::::; '"':<~ -< (...) o ~ .-4 :r:...... rl1~ -nm -'J'-,J '-"" J,. S{~? '....- ~ 1',,'1 Z:.'~ S 2?: ~ -0 =' 't: f'..) ~ Plaintiff \ DE C 0 5 2006;gr-- IN THE COURT OF COMMON PLEAS f" CUMBERLAND COUNTY, PENNSYLVANIA ... KIRK NAUGLE v. NO. 06-3823 RBS NETWORK, INC. Defendant ORDER AND NOW, this 4" day of ~ , 2006, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 1988 Great Dane Trailer, bearing vehicle identification number 1 GRDM9628JJ003801 to Kirk Naugle, and the right, title and interest of any other person to said vehicle is hereby extinguished. The Department of Transportation may accept this order as evidence of ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate certificate of title for said vehicle. BY THE COURT: iJ--/{-Ll~ ~ ~ .J'1:Jr;; rid ,Judge 630197.1 >- ~ l-" U.JQ Q~ u_ '-,,' ~..L.. :L. q!-- ,.J...Cl (-le::: ::::to.... cr:lU ::c t- LL o ..::r o ~ Z -, ?"..\.~ --: ::z: ~.~., ,.....(. > .___.1 M'~"- (/-} ! :~7 ;)w ~~~! CL :5 () ..:::r :c 0.. 00 I W W o v:::> = = C'-o.I ,"" Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Cory A. Iannacone, Esquire Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiff Kirk Naugle KIRK NAUGLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. RBS NETWORK, INC. No. 06-3823 Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO: THEPROTHONOTARY Kindly substitute the attached Verification for the Attorney Verification attached to the Motion to Obtain Title to Abandoned Vehicle of Plaintiff Kirk Naugle, which was originally filed on November 30, 2006. Respectfully submitted, By: A. Ianna one, Esquire One South Market Square, 12th Fl. P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiff 632611)},1 VERIFICATION Kirk Naugle, deposes and says, subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, that he makes this verification and that the facts set forth in the Motion to Obtain Title To Abandoned Vehicle are true and correct to the best of his knowledge, information and belief. /J.; 06 - (J6 Date ~rkeffd~ 632316,1 .-. .. CERTIFICATE OF SERVICE I hereby certify that on this <61:!1. day of December, 2006, a true and correct copy of the foregoing Praecipe to Substitute Verification was served by means of United States mail, first class, postage prepaid, upon the following: CSC Services 2711 Centerville Road, Suite 400 Wilmington, DE 19808 ~'~ r-> ,= c:::::> c:r" c? I.....' n - - o .." .-{ -:t:.." f-np -nf"1\ -119 ~?{~? ~~~ ~:---\ -p "n :-< -0 > (....) ., U1 W